5.  The applicant was born in 1952 and lives in Teykovo, a town in the Ivanovo Region.
6.  On 25 June 1999 the applicant’s son, Andrey Tikhonov (A.T.), was drafted into the army to perform two years’ mandatory military service. He was initially assigned to military unit no. 57233 in Teykovo. He was convicted on 9 November 2000 under Article 334 of the Criminal Code (for violence against his military superior) and sentenced to eighteen months’ punishment in a disciplinary military unit. On 27 December 2000 he was assigned to military unit no. 12801 in Mulino, a village in the Volodarskiy District of the Nizhniy Novgorod Region.
7.  At 1 a.m. on 14 April 2001 A.T. was found hanging with a belt around his neck in the unit’s canteen, with numerous bruises and abrasions to his body.
8.  On the same date the Military Prosecutor’s Office of the Mulino Garrison (“the Garrison Prosecutor’s Office”) instituted a criminal investigation into A.T.’s death. An onsite inspection and examination of A.T.’s body were carried out. A table knife was found at the scene of the incident, but no evidence of a violent death. The applicant obtained a copy of the decision to institute criminal proceedings after eight requests to that effect to the Garrison Prosecutor’s Office.
9.  On 16 April 2001 a post-mortem of A.T.’s body was completed. It established that A.T. had died of strangulation. Apart from visible marks on his neck, the following injuries were recorded: bruising on the outer corner of the right eye and eyelid, bruising on the left cheek, bruising on the left of the neck underneath the belt marks, an abrasion and bruising on the right of the back near the eighth and ninth ribs, three abrasions on the left of the lower spine, bruising with a soft-tissue hemorrhage in the intercostal space (gap) near the ninth left rib, bruising with a soft-tissue hemorrhage on the left collar bone, and twenty-two scratches on the inner left forearm. It was established that the bruises and abrasions had been caused by a blunt hard object with a limited damage-causing surface. Traumatic force (blows and friction) had been applied to the area around the right eye, left cheek, back, intercostal space near the ninth left rib and the area around the left collar bone. All of the abrasions and bruises could have been caused either while A.T. was still alive or within a short period of his death, but there was no causal connection between the injuries and his death. The scratches had been caused by a sharp-edged object (a blade) shortly (up to twenty-four hours) before A.T.’s death. There had been 0.26% of ethyl alcohol found in A.T.’s blood and traces of alcohol in his urine.
10.  On 30 May 2001 a psychological autopsy was carried out. It established that A.T. had not been suffering from a psychiatric disorder. Prior to his being drafted into the army, A.T. had been examined by a panel of doctors, including a psychiatrist, and found fit for military service. During psychological aptitude testing he had been assigned to the third (second lowest) group in terms of psychological stability (the lowest group containing the least psychologically stable recruits most likely to suffer a nervous breakdown). In August 1999, during his military service, A.T. had been examined by a psychiatrist and found fit. In September 2000 he had again been examined by a psychiatrist after complaining of low mood, depression and anxiety for his future. He was diagnosed with “situational neurotic (psychological) reaction”. Later that month he had undergone an outpatient forensic psychiatric examination in connection with a crime he had committed on 24 September 2000 (violence against his military superior), which established that he had not been suffering from a psychiatric disorder. Having examined the case material, the expert arrived at the conclusion that A.T. had been emotionally unstable: he had suffered mood swings (as per references from the technical training college where A.T. had studied before being drafted into the army), and had had a history of disorderly conduct (as per police records). During A.T.’s military service this emotional instability had shown itself in repeated breaches of military discipline and in his having committed a crime. The expert concluded that having such a personality, A.T. could have developed “hystero-depressive reaction” and committed suicide. It transpired from the report that A.T.’s elder brother, a military serviceman born in 1974, had himself committed suicide in 1996.
11.  On 10 June 2001 an additional psychological autopsy was carried out in respect of A.T. It established that in the time leading up to his death, A.T. had had a buildup of emotional tension which had led to depression and suicide. His emotional state had been affected by an accumulation of negative thoughts and his character traits, which included: a high affiliative need, egoism, heightened sensitivity, impressionability, poor moral and professional judgment, an unwillingness to carry out his military service, a grudge against his parents and girlfriend, a misinterpretation of the federal legislation introducing amendments to the Criminal Code, a tendency to accumulate negative thoughts, vanity, emotional liability, concerns about strict discipline and monotonous activities, a tendency to overdramatise events, mental immaturity, a limited outlook, low adaptability and impulsiveness. The report also mentioned that A.T.’s elder brother had committed suicide in 1996 by hanging himself.
12.  On an unspecified date Sergeant V. Kudryashov was questioned. He submitted that on 13 April 2001 he had taken up his duty on watch at the canteen together with nineteen soldiers, including A.T. He had known A.T. to be a quiet, modest soldier who had never been bullied. He had been behaving quietly on duty that night and had been in a normal mood. He had made no health-related complaints and had not had any injuries prior to taking up his duties at the canteen; his appetite had also been good. Kudryashov had never noticed anything odd about A.T.’s behaviour to suggest he had been suffering from any mental health issues. After cleaning up the canteen, he had been lining up the soldiers to send them to their division when he had realised that A.T. had gone missing. He had organised a search of the canteen and had then found him locked inside the toilet. He had called A.T.’s name, but no response had followed. He had then ordered one of the soldiers to force open the door. When soldier V. had broken it down they had seen A.T. hanging by a belt. His face had been white. Kudryashov had then ordered soldiers V., Kob. and Bak. to remove A.T.’s body from the noose. He had then reported the incident to the duty officer and called for the duty medical assistant. Soldiers V., Kob. and Bak. had removed A.T.’s body and Kob. had attempted to give A.T. mouth‑to‑mouth, but to no avail. The duty medical assistant had arrived almost immediately and started giving A.T. mouth-to-mouth and injections. However, A.T. had not regained consciousness. His body had been taken to the military hospital. Kudryashov did not know the reasons or motives for A.T.’s death.
13.  On an unspecified date soldier V. was questioned. His statement was consistent with that of Sgt Kudryashov.
14.  Their statements were later supported by those of A.T.’s fellow recruits, Bak., Kob., Yar., K., Yur., T., Khos., Sh., Bog., Yer., Khal., G., Bor., D. and Vol.
15.  On 10 July 2001 a reconstruction of events was conducted, in the course of which Sgt Kudryashov and Pte Bak. showed how they had removed A.T.’s body from the noose.
16.  Between 20 June and 22 June 2001 A.T.’s fellow recruits Bak., G., Yer., Yur., T., Sh., Khos., Bor., V., K. and Khal. were subjected to polygraph (lie detector) testing. They were asked the following questions:
 
“-  Have you lied in any part of your testimony on the present case?
-  Has anybody ever ill-treated or humiliated A.T.?
-  Was anybody arguing with A.T. on 13 April 2001?
-  Did anyone assault A.T. on 13 April 2001?
-  Do you know what the reasons were for A.T.’s death?
-  Were you personally involved in A.T.’s death?”
 
All of the soldiers interrogated gave negative responses to the questions. The results were interpreted as indicating that all of the individuals interrogated had been truthful, except for witness Bak. in answering his first question and witness Yur. in answering his second question (in both instances the polygraph was inconclusive).
17.  On an unspecified date the applicant was questioned. She submitted that A.T. had been healthy as a child and had never suffered any psychiatric problems. He had never suffered any head injuries and had never been monitored by a psychiatrist or a neuropathologist. He had been satisfactory at school, but had been made to repeat sixth grade. After ninth grade he had entered technical training college, and after graduation had been drafted into the army. The applicant further submitted that during his military service A.T. had committed a crime under Article 334 of the Criminal Code. He had made no complaints about conditions in the disciplinary military unit or about having been subjected to any hazing (organised bullying) rituals there.
18.  On an unspecified date A.T.’s father was questioned. His testimony was consistent with the statement made by the applicant.
19.  On an unspecified date A.T.’s girlfriend, Yu. Ap., was questioned. She submitted that she had known A.T. since summer 1998. He had always been sensitive and attentive to her, but could be quick-tempered towards others. He could lash out at someone in reply to a joke, especially when it was a slur against his character; he treated friendships seriously and was a leader. Some acquaintances respected him, while others feared him. He had been vindictive. He had been rude to his parents. He had had no particular interests: he disliked reading, had not been interested in either studying or working, and had been unhappy about his military service. In his letters A.T. wrote that he had been unhappy about army discipline, yet he had not mentioned any hazing rituals. In 2000 he had been placed in a disciplinary military unit for having committed a crime. In his letters he wrote that the discipline there had been stricter, but that it had otherwise been okay. His letters from the disciplinary military unit had differed from his previous letters; they had been short, dull and sad, whereas his earlier letters had been more cheerful.
20.  On 16 July 2001 investigator Ye. of the Garrison Prosecutor’s Office discontinued the criminal proceedings for lack of evidence. It was established that A.T. had committed suicide because he had been suffering from “acute psychogenic depressive reaction” which had led to his consciousness being impaired and him being unable to fully understand the consequences of his actions and control them. The decision relied on the records of the onsite inspection and examination of A.T.’s body, a post-mortem report, two psychological autopsy reports, the statements of Sgt Kudryashov, Ptes V., Bak., Kob., Yar., K., Yur., T., Khos., Sh., Bog., Yer., Khal., G., Bor., D. and Vol., the polygraph test results, and statements by A.T.’s parents and girlfriend.
21.  On 23 July 2001, following a complaint by the applicant, the Garrison Prosecutor set aside the above decision and ordered the preliminary investigation to be reopened. The investigator was instructed to question the applicant thoroughly, to find out the circumstances on which she based her claim that A.T. had suffered a violent death, to study A.T.’s personality, and to find out the reason behind his elder brother’s death. He was further instructed to question other people referred to by the applicant and to carry out all the investigative measures necessary to ascertain the applicant’s arguments; to eliminate any eventual contradictions in the evidence by carrying out confrontation parades; to seize the letters sent by A.T. to his parents, to question the applicant, if necessary, regarding the contents of those letters; to check the statements of those who had been on duty at the canteen with A.T. between 13 and 14 April 2001 more thoroughly, in particular, to question Sgt Kudryashov and Ptes S., D., Vol., Bog., Sk. and Yar., using a polygraph; and to question the polygrapher about the mechanics of the polygraph machine, the method of questioning used and the reliability of the results. The investigator was further instructed to question the military unit and division command. In addition to standard questioning, the investigator was instructed to enquire, in particular, why the military command had not provided A.T. with increased and more timely attention, and what the essence of the amendments to the Criminal Code were that A.T. could have misinterpreted.
22.  On an unspecified date the investigator questioned Sgt Kudryashov and Ptes V., Bak., Kob., Yar., K., Yur., T., Khos., Sh., Bog, Yer., Khal., G., Bor., S., D., Vol. and Sk., who had been on duty at the canteen between 13 April and 14 April 2001. They all denied being involved in A.T.’s death, ill‑treating or humiliating him, quarreling with him on duty on 13 April 2001 or beating him up. Their statements were tested with a polygraph and considered to be truthful.
23.  The polygrapher, M., submitted that results of polygraph examinations were internationally recognised as being 85 to 90% reliable.
24.  On an unspecified date the investigator questioned Commander S. Luzin of military unit no. 12801, who submitted that until 13 April 2001 he had not known Pte A.T., since he had not stood out from the crowd. He had known from the third disciplinary military unit that A.T. had been a calm, quiet person who had behaved normally and manifested no signs of psychiatric problems; he had never been regarded as someone inclined to behave thoughtlessly, whether by running away or committing suicide. After A.T.’s death, his personnel file had been studied more closely, and it had come to light that A.T.’s brother had also committed suicide, which might have suggested that suicidal tendencies had run in his family. In addition, an unsent letter had been found among A.T.’s personal belongings, in which he talked about a grudge he had against his parents and girlfriend. Moreover, for reasons outside command control, A.T.’s conditional release might have been considerably delayed, which might have had a serious effect on his mental state. Cdr Luzin concluded that all the above-mentioned reasons, together with A.T.’s character traits, might have influenced his decision to commit suicide.
25.  On an unspecified date the commander of the third disciplinary military unit made a statement consistent with that of Cdr Luzin.
26.  On 23 August 2001 investigator Ye. of the Garrison Prosecutor’s Office discontinued the criminal proceedings for lack of evidence. It was established that A.T. had committed suicide because he had been suffering from “acute psychogenic depressive reaction” which had led to his consciousness being impaired and him being unable to fully understand the consequences of his actions and control them. The decision relied on the record of the onsite inspection and examination of A.T.’s body, a post-mortem report, two psychological autopsy reports, statements of Cdr Luzin and the commander of the disciplinary military unit, statements of Sgt Kudryashov, Ptes V., Bak., Kob., Yar., K., Yur., T., Khos., Sh., Bog, Yer., Khal., G., Bor., S., D., and Vol., the polygraph test results, statements by the polygrapher, and statements by A.T.’s parents and girlfriend.
27.  The applicant obtained a copy of that decision following a substantial delay, after numerous requests to the Garrison Prosecutor.
28.  On 19 June 2002, following a complaint by the applicant, the Chief Military Prosecutor’s Office set aside the decision of 23 August 2001 and remitted the case for additional investigation. It was indicated that the investigator had failed to investigate the origin of A.T.’s injuries, including, in particular, the twenty-two scratches found on his inner left forearm, to check whether A.T. could have inflicted the scratches himself with the table knife found at the scene, and to examine the belt from which A.T. had been found hanging. The investigator was instructed, in particular, to arrange a forensic examination to examine the origin of A.T.’s injuries and to find out whether they could have been caused as a result of convulsions, the removal of the body from the noose, the attempts at resuscitation, the transportation of the body or otherwise; to question pathologist L. (who had carried out the post-mortem of A.T.’s body); and to carry out all other necessary investigative measures.
29.  On 31 August 2002 investigator Ye. of the Garrison Prosecutor’s Office again discontinued the criminal proceedings for lack of evidence. The investigator arrived at the conclusion that A.T.’s injuries had been caused in the process of him hanging himself, when the body had hit the toilet walls during convulsions, and when it had been removed from the noose.
30.  The applicant obtained a copy of the decision of 31 August 2002 almost a year later, after numerous requests to the Garrison Prosecutor. She then applied to the Military Court of the Mulino Garrison (“the Garrison Court”) seeking to have the decision in question set aside.
31.  On 8 October 2003 the Garrison Court dismissed her application.
32.  On 16 December 2003, however, the Military Court of the Moscow Command quashed the decision of 8 October 2003 on appeal and referred the matter back to the Garrison Court.
33.  On 13 February 2004 the Garrison Court held that the decision of 31 August 2002 had been unlawful and unfounded. The court noted that the investigator had failed to comply with most of the instructions given on 19 June 2002, that the conclusion as to the origin of A.T.’s injuries had been far-fetched and absurd, and that no explanation had been given as to the factual circumstances which had driven A.T. to commit suicide. The court further ordered the Garrison Prosecutor to set aside the decision in question and resume the investigation.
34.  On 30 March 2004 the Garrison Prosecutor set aside the decision of 31 August 2002 and resumed the investigation.
35.  On 29 May 2004 investigator Ye. of the Garrison Prosecutor’s Office once again discontinued the proceedings. As regards the bruises and abrasions to the applicant’s son’s body, the investigator arrived at the conclusion – on the basis of the results of the additional post-mortem and the statements of experts L. and S., who had carried out the initial and additional post-mortem examinations – that they could have been caused shortly before A.T.’s death or during strangulation, or by his body hitting against blunt objects as a result of convulsive movements caused by mechanical asphyxia. It was further established that the multiple scratches on A.T.’s inner left forearm could have been caused by A.T. himself using the knife examined by the expert (similar to the knife found at the scene).
36.  The applicant obtained a copy of the decision of 29 May 2004 after making a written request to the Garrison Prosecutor, and then proceeded to challenge it in court.
37.   On 27 July 2004 the Deputy Prosecutor of the Moscow Command set aside the decision of 29 May 2004. He noted that it was necessary to carry out a more thorough investigation into the applicant’s son’s death, including the circumstances in which he had sustained multiple bruises and abrasions.
38.  On 20 October 2004 investigator Shch. of the Garrison Prosecutor’s Office discontinued the proceedings for lack of evidence for a fourth time. The applicant was not informed of this decision.
39.  On 9 November 2004 the Garrison Court dismissed the applicant’s claim regarding the decision of 29 May 2004 on the grounds that it had in the meantime been set aside.
40.  On 24 December 2004 the Military Court of the Moscow Command upheld the decision of 9 November 2004 on appeal.
41.  Having received no information about how the investigation was progressing, the applicant sent a written enquiry to the Garrison Prosecutor on 25 December 2004.
42.  She received a reply dated 31 December 2004 informing her that on 20 October 2004 investigator Shch. of the Garrison Prosecutor’s Office had discontinued the proceedings.
43.  The applicant did not pursue the domestic remedies any further, and lodged her application with the Court on 5 March 2005.